Terms & Conditions
Trap Factory Oy – LEVEL ADVENTURES
Last updated May 19th, 2021
Welcome to Level Adventures!
These Terms and Conditions came into effect on May 1st, 2021
By using or otherwise accessing the Services of Level Adventures, you agree to these Terms and Conditions. If you do not agree to these terms, you may not use or otherwise access the Services.
Level Adventures offers outdoor adventure and puzzle solving games to be played via a mobile phone application. Level Adventures encourages one to explore a familiar city in a new point of view or wonder in nature or get to know a town abroad and to go on a quest of their choice. To participate in Level Adventures, all one needs is their mobile device, the Level Adventures application and a dash of curiosity.
Trap Factory Oy, is a room escape game and event venue company based in Finland. It operates, manages and develops the website https://www.leveladventures.com/ and the corresponding Level Adventures mobile phone application. In the application the user may engage in solving mysteries and puzzles by participating in outdoor adventure games alone or with a group of friends or as part of an adventure event.
Trap Factory Oy, is located in Metallimiehenkuja 6 D, 02150 Espoo.
We encourage you to carefully review the following Terms and Conditions prior to using the App, as the Services will be offered subject to the Terms and Conditions provided herein. We also suggest that you review these Terms and Conditions every so often to review the latest version hereof.
PART I – APPLICABILITY AND ELIGIBILITY
In these Terms and Conditions, the following terms shall have the meaning defined below:
“Account” refers to the account you create on the App to identify you, engage and purchase Adventures and make payments.
“Adventure” refers to any outdoor, puzzle-solving game offered, described, or otherwise provided on or through the App.
“App” refers to the Level Adventures mobile application offered by Trap Factory available for download to User’s device in AppStore and Google Play, as well as any other corresponding Level Adventures applications on any platforms or devices.
“Content” refers to all information, data, images, characters, designs, drawings, videos, animations, concepts, routes, maps, trademarks, logos, brands, names, and any other materials and content provided on the App or on the Website, which relate to Trap Factory, Level Adventures or any Services provided by Trap Factory.
“Event” refers to an organized Event by Trap Factory. It is a planned public or social occasion where multiple Adventures will be started by multiple different groups but from the same location. Invites or tickets for these Events will be distributed or sold separately.
“Level Adventures” refers to a trademarked name LEVEL ADVENTURES and figurative mark including the words “Level Adventures” signifying the brand and logo, under which Trap Factory provides the Services and the App.
“Services” refers to Our provision of the Adventure games, Events, App, Website, delivery of Content, and other affiliated services provided by Trap Factory, including tailored game design, and providing a service platform for other game designers and providers.
“Terms” or “ Terms and Conditions” refer to the latest version of the present Terms and Conditions and includes any and all amendments, modifications and supplements made thereto from time to time.
“Trap Factory”, “ company”, “we ”, “us”, “ our”, and other similar expressions refer to Trap Factory Oy, which owns the Level Adventures trademark and provides the Services and the App.
“User”, “ player”, “you ”, “your”, “ yours”, and other similar expressions refer to the users of the App or other participants to the Adventures.
“Website” refers to the Level Adventures website at https://www.leveladventures.com/.
2.APPLICATION AND ACCEPTANCE OF THE TERMS
By using the Services, even partially you agree to these Terms and Conditions and they shall constitute a binding agreement between you and us. If you don’t agree to these Terms, you may not use the Services. The present Terms and Conditions will govern the terms upon which we offer, deliver and supply the Services and Content of the App.
By using the Services we mean any access, download or other use of the App, visiting the Website, participation in an outdoor Adventure or Event or other use of our Services by you.
These Terms and Conditions will be provided to you and are available on the App and on the Website at all times and we encourage you to carefully review them prior to your use of our Services. Trap Factory will not be bound by any terms or policies, except for the present Terms and Conditions and any policies listed herein.
You will have to create an account with us, and you will also need access to a supported mobile phone and an Internet connection.
As a precondition for using the Services, you must also agree to these:
- You are age 13 or older. If you are younger than 18 or otherwise do not have the authority to enter into agreements such as these terms and conditions, you represent that your legal guardian, or a holder of parental responsibility, has reviewed and agreed to these Terms and Conditions.
- Your usage of the App and participation in Adventures will comply with all applicable laws and regulations.
- You are not subject to any restrictions that would prevent you from using the App and/or participating in Adventures.
- You confirm that your usage of the App will be for your own personal use, and not for a business or commercial purpose, unless agreed in advance differently with Trap Factory.
- You will be solely responsible for acquiring and maintaining the required device and Internet access needed to use the App at your own cost.
4.CHANGES TO THE TERMS AND CONDITIONS
We may modify, amend, update or change these Terms and Conditions at any time at our sole discretion. The most recent version of these Terms and Conditions will be published on our App and Website. Any updates to these Terms and Conditions will be effective as of their publication on the App or Website and without your separate approval. Your use of the App following the publication of any modifications to these Terms and Conditions constitutes your acceptance of the revised Terms and Conditions.
PART II – USAGE OF THE APP AND PARTICIPATING IN AN ADVENTURE
You are responsible for all acts and omissions relating to your use of the App and your participation in Adventures. You agree not to engage in unacceptable use of the App, including using the App to:
- Breach any applicable law, regulation or policy;
- Damage, overburden or impair the App in any way or send a virus, harmful components or scripts;
- Engage in any unlawful or illegal conduct or in a way that is fraudulent, malicious or otherwise discriminatory, or encouraging others to use the App for such purposes;
- Harass, intimidate or bully other Users of the App;
- Share or disseminate false or otherwise illicit claims or remarks involving the App and/or Level Adventures;
- Impersonate an individual, business, or company, or intentionally mislead others about your identity;
- Collect personal information about Users of the App, without the required consent of the persons in question;
- Hack, decompile, disassemble, or reverse engineering the App or any portion thereof;
- Request or initiate chargebacks, refunds or reimbursements for sums paid to us for the Subscription;
- Sell, lease, assign or transfer your User Account, without having obtained our prior written permission;
- Distribute or share spam, advertisements or unsolicited material, such as ads;
- Engage in conduct that is contrary to the intent of these Terms and Conditions.
6.PARTICIPATING IN AN ADVENTURE
You may participate in an Adventure after you have read and understood the Terms and Conditions and you agree to comply with our safety guidelines and standards presented in our website. You may be held personally responsible for your failure to comply with the safety guidelines and standards. Further, you agree that we may, without liability and without penalty, revoke your right to participate in the Adventure if you breach or attempt to breach any of the obligations in these Terms and Conditions.
The anticipated duration of an Adventure may be specified on the App. The duration specified constitutes an approximation only and may vary. We cannot guarantee that the Adventure will run for such a duration. Your participation in the Adventure may be sooner terminated in case of elimination or for any reason deemed appropriate. An Adventure or an Event may be canceled if conditions are unsafe, unlawful or for any reason at our discretion. The Adventure will be rescheduled and any cancelation of the Adventure will not give rise to refunds or reimbursements.
You agree to participate in the Adventure in accordance with its intended purpose and the instructions provided on the App. More specifically, you agree NOT to (i) enter private property, trespass, encroach or otherwise cause damage or loss with respect to any person, property or animal, (ii) engage in any conduct which could be reckless, dangerous, unsafe or risky, and (iii) violate or infringe any applicable law, regulation or policy.
If playing with other Users of the App, or while participating in an Adventure Event you agree to act with respect, proper care and caution. You shall be held responsible for any misuse, loss or damage caused to property, or injury caused to an individual arising out of or in connection with your participation in the Adventure, and/or any action or omission on your part.
Our adventures are set over walking routes that are around 1 to 6 kilometres long. Some Adventures have stairs along the route, uneven paths or steep hills. Therefore, we would not recommend our adventure games for someone who is pregnant, unless stated otherwise. In addition, we are unable to guarantee accessibility to any Adventure or Event. Thus our Services should be treated as non-accessible for wheelchair users. However, Level Adventures can modify some Adventures to be wheelchair friendly subject to a prior request made in good time. Do not hesitate to contact us for more information.
Unless stated otherwise for a particular Service, children are not allowed to use the Services without an adult being present. A ” Child” is a person under 13 years old. For Services that permit Child participation, parents or legal guardians (” Parent”) must provide consent. Where Parental consent is required, Level Adventures recommends that Parents monitor the Child’s online activity and use of the Service. Thus, Children under the age of 13 should always play with a Parent in order to ensure a safe gaming experience outdoors.
To the extent permitted under applicable law, Level Adventures declines any responsibility regarding any activities conducted by a Child with or without the permission of a Parent. If you are a Parent and you give your permission for your Child to register for one of the Services you thereby agree to the Terms relating to use of the Services by your Child.
7.AVAILABILITY OF SERVICES
The Adventures and Services are subject to availability in your area. The list of cities, towns and states that feature our Adventures are detailed on our App and updated from time to time.
PART III – USER ACCOUNTS AND PAYMENTS
To use the App and participate in Adventures, you will need to create an Account by providing the following information: your selected user name, email address and password.
You agree that you won’t disclose your Account password to anyone and you will notify us immediately of any unauthorized use of your Account. You shall be responsible for all activities that occur under your Account, whether or not you know about them.
The App will remember your login credentials and sign you in automatically after registration. However, for security reasons the App will log you out every 30th day, and then you have to sign in again. If you have forgotten your password you may contact us to reset it for you.
9.DELIVERY OF SERVICES
Any individual Adventure purchased on the App will be delivered as digital content only, accessible through the App for a period of one year from the purchase date. However, within starting an Adventure the game lobby will expire in a period of time of 10 hours.
10.PAYMENT AND TERMS
We accept payments by credit card, bank account, or using any payment methods as listed on the App. Pursuant to making a purchase on the App, you will be charged for the amount specified in the order confirmation. If your payment information is invalid or otherwise unacceptable, we may not grant you access to the Adventure. With respect to purchasing Adventures on the Platform, you agree that your credit card will be billed accordingly.
Unless otherwise indicated, the payments are exclusive of any taxes, duties and levies. You remain responsible for paying all taxes charged in connection with your purchases on the App. We reserve the right to modify the price of the Adventures and other fees as needed. The revised prices will be published on our App as promptly as possible. Any changes to pricing will not affect past purchases that have already been paid.
11.REFUNDS AND REIMBURSEMENTS
All purchases and redemptions of Adventures made through the App are final and non-refundable. You acknowledge and consent that the provision of Adventures for use in the App is a process that commences immediately upon purchase and that you forfeit your right of cancelation once the process has commenced. You agree that if you get disqualified, lose or cannot complete the Adventure for any reason after its commencement, including elimination, being physically injured or otherwise, you will not be reimbursed for the sum paid.
In the event that an Adventure or Event is cancelled due to an issue beyond the organiser’s control (including but not limited to poor weather conditions), no refunds will be offered, however an alternative date will be arranged by Trap Factory. If the Adventure or Event is cancelled to an issue within the organiser’s control, then a full refund may be offered at the organiser’s discretion.
12.VIOLATIONS AND TERMINATION OF USER ACCOUNTS
You may terminate this agreement by deleting your User Account at any time by following the instructions on the App. Upon termination of your Account, the following provisions of these Terms will survive: provisions relating to copyrights and intellectual property rights, disclaimers, limited liability, indemnifications, limited liability and dispute resolution.
We may suspend or terminate your Account or access to Services at our sole discretion, at any time and without notice to you if (i) you fail to comply with these Terms; (ii) we suspect fraud, cheating, or misuse by you of Content or Services; or (iii) we suspect any other unlawful activity associated with your Account. If your Account is inactive (i.e., not used or logged-into) for a period of time, we will notify you via an email or in the App prior to termination of your Account.
We reserve the right to investigate and otherwise look into any potential violations of these Terms and Conditions, or any applicable legislation, regulations or binding terms.
PART IV – CONTENT AND INTELLECTUAL PROPERTY
13.COPYRIGHTS AND INTELLECTUAL PROPERTY RIGHTS
Unless otherwise stated, Trap Factory and/or its licensors own any and all Content and the intellectual property rights related thereto. The Content is protected by the Copyright Act and other applicable laws related to copyright and other intellectual property rights. All copyrights and intellectual property rights are reserved, unless otherwise explicitly herein indicated.
You may not use the Content for any purpose other than to engage in an Adventure or otherwise use our Services in accordance with the Terms and Conditions set forth herein. You may not reproduce, duplicate or copy, share, publish or republish, distribute, transmit, transfer, edit, modify or otherwise use our Content without our prior specific written consent. It is furthermore strictly forbidden to sell, lease, sublicense or otherwise use or exploit Content for your commercial gain or business purposes.
We decline all responsibility for the User content published on the App. We cannot offer any guarantees with respect to the legitimacy, integrity or quality of User content published on the App. We may delete, remove or disable any content uploaded by a User if the content: (i) violates applicable laws, (ii) is of poor quality, (iii) is unlawful, illegal, defamatory or otherwise distasteful, or (iv) infringes any provision contained in these Terms and Conditions.
The Services may allow you to create content, including, but not limited to team names, screenshots or team pictures (collectively “User Content”). You agree that all content you publish on the App, including username, team names, reviews and pictures, will be our property. We will hold all ownership and intellectual property rights connected to the content published on the App, even if the content has been subsequently removed or deleted.
Upon uploading or publishing any User content on the App, you agree that the ownership of the content will be transferred to us. You also agree to grant and assign all copyright and corresponding ownership of the content to us, exclusively. We will benefit from the right to publish, reproduce, alter, commercialize, distribute, sell, lease, transfer or otherwise use the User content for purposes of the App, in any media or form of existing communication or hereafter developed, without requiring additional consent.
PART V – LIABILITY, WARRANTIES AND DISCLAIMERS
Force Majeure events are unforeseeable situations beyond our reasonable control, and may include wars, government acts, pandemics, failure of a telecommunications network, fires, hurricanes and other natural disasters. We are not responsible for any failure to perform our obligations during a Force Majeure event. More specifically, our obligations and Services will resume upon the termination of the Force Majeure event. Furthermore, we will not be responsible for any service interruptions affecting the App, such as power failures, outages and other circumstances beyond our reasonable control.
16.DATA PROTECTION AND SECURITY
Trap Factory undertakes to keep personal data of Users confidential and it shall endeavor to prevent unauthorized access to its information systems by appropriate and reasonable technical and organizational means.
The User shall be responsible for the security of its own devices and network connections when using the Services.
The Services and Content are offered “as is” without any warranties or guarantees of any nature. Without limiting the generality of the foregoing, we do not guarantee that the Adventure will be executed without error, omissions or interruption. For clarification, the Services and the Content are provided without warranty of any kind, express, statutory or implied, including, but not limited to, the implied warranties of title, non-infringement and warranties implied by any course of performance or usage of trade, all of which are disclaimed.
We will perform the Services in accordance with reasonable business standards. We will also do our best to ensure the Content is as accurate as possible. However, we cannot guarantee that all Content on the App is accurate, complete, reliable, current, and error-free.
While we do provide these limited warranties, we do not warrant or guarantee that your participation in an Adventure will meet your needs or expectations.
You recognize that there are certain risks associated with participating in an Adventure, interacting with other players, and accessing certain areas. While we implemented safety procedures and comply with all applicable legislation, certain activities have inherent dangers that no amount of caution can fully eliminate. Consequently, you agree that your participation in an Adventure with respect to the game will be at your sole risk and discretion.
This means that you agree to assume all risks associated with your decisions or actions during or as part of an Adventure. We decline all responsibility and liability for all actions and decisions you make during the Adventure. You may be held responsible for any claims, costs, expenses and fees incurred in connection with your participation in an Adventure.
Technical issues may occur when downloading, accessing or using the App. Such issues can delay, freeze or prevent your access to the App. We have instituted proper procedures to ensure the continuity of the App, however, considering nothing on the Internet is fully secure, we are unable to guarantee that the usage of the App will be uninterrupted and without error at all times.
You agree that we will not be responsible for any bodily injury, harm, complications, claims or damages resulting from your participation or inability to participate in an Adventure. Your further participation in Adventures and usage of the App is at your own risk and that we disclaim any and all liability related thereto, whether direct or indirect.
To the extent permitted by applicable law, we exclude all liability for any incidental, special or consequential damages, bodily injuries, losses, property damages, claims, fees, costs or damages of any nature, however caused and under any theory of liability in connection with the Adventure, the Services, the Content and/or your usage of the App. Further, we will not be liable for any claim, loss or damage arising out of any misuse or negligence by any user engaged in an Adventure. This exclusion of liability applies regardless of whether the liability is based on contract, tort, strict liability or another theory of law.
To the fullest extent permitted by law, you agree to indemnify and hold us, our affiliates, directors, officers and employees harmless from and against all losses, damages, liabilities, costs and expenses in connection with any claims, actions, proceedings, investigations or suits arising out of (i) your negligence, recklessness, or willful misconduct, (ii) your participation or involvement in an Adventure, (iii) your breach of any representation or warranty provided under these Terms and Conditions, (iv) your failure to comply with any of these Terms and Conditions, applicable laws or regulations and/or (v) your usage of the App, the Content or any information available on the App.
PART VI – GENERAL PROVISIONS
22.THIRD PARTY WEBSITES AND APPS
To provide increased value, we may reference third party websites, sites, applications and links on the App (the “Third Party Links”). The Third Party Links provided on our App are for convenience and reference purposes only. Please note we are not affiliated with these third party service providers referenced on the App. The inclusion of any Third Party Links on the App does not imply our endorsement or any association with such third party.
Your usage of the Third Party Links will be subject to separate terms and policies offered by the third party. We will not be liable for the functions, content, services, products or content stemming from or provided by the Third Party Links. As a result, you agree to use such Third Party Links at your own risk.
We may assign our rights in these Terms and Conditions, in whole or in part. We may also delegate any of our obligations under these Terms and Conditions to a third party. You are not permitted to assign your rights and obligations hereunder to any third party.
In these Terms and Conditions, singular terms are deemed to include the plural, if the context suggests is favorable to this. Words importing one gender are to be interpreted as including all genders. As employed in these Terms and Conditions, the terms “include” or “including” will be deemed to refer to all items listed, without limitation of any kind.
These Terms and Conditions, together with any confirmation and document referred to herein, constitute the entire agreement between you and Trap Factory with respect to the subject matter hereof. These Terms and Conditions supersede all prior negotiations and agreements between you and us regarding the subject matter hereof.
If we do not insist upon the performance of any obligation set forth in these Terms and Conditions, this will not operate as a waiver of our rights nor will it relieve you of your obligations under these Terms and Conditions. Further, if we delay or do not exercise any of our rights under these Terms and Conditions, this will not be interpreted as a waiver of our rights.
If any provision in these Terms and Conditions is held to be unenforceable or unlawful or by law or by a competent authority, the provision will be severed from the remaining Terms and Conditions or redrafted to preserve the original intention to the extent permitted by law. This will not affect the remaining provisions of these Terms and Conditions, which will remain valid.
28.CHOICE OF LAW
These Terms and Conditions, any claim under these Terms and Conditions and/or relating to the App are subject to the applicable laws in Finland, without regard to conflict of laws principles. These Terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.
The competent court for resolving any controversy or claim arising out of or relating to these Terms and Conditions, breach thereof, or dispute between you and us shall be Helsinki District Court.
Any disputes should however primarily be resolved by means of negotiation between you and us.
If you are a consumer and we are unable to find a mutually satisfying solution through negotiations, you may also file a complaint at the Finnish Consumer Disputes Board ( www.kuluttajariita.fi), which is an independent body that provides recommendations for resolving legal disputes between consumers and businesses. Other European alternative consumer dispute resolution bodies may be found at: https://ec.europa.eu/consumers/odr.
30.CORRESPONDENCE AND NOTICES
In consideration of the above, any correspondence and notices you wish to address to us should be in writing, and may be sent by email to email@example.com, by using the App or by mail to our corporate head offices located in Finland (Metallimiehenkuja 6D, 02150 Espoo). Unless otherwise stated in a proof of receipt, your correspondence or notice will be deemed received seven (7) business days after it is sent.
We may also email you notices regarding the Adventures, our Services and other matters relating to Level Adventures or publish such notices via the App. As we may communicate with you by email, please ensure the email provided to us is current and valid. If the email address you provided is invalid, any communications we sent to this email address will be deemed effective as per these Terms and Conditions.